LEGAL: Barrett considering appeal to US Supreme Court
Ray Gordon, creator of the "pivot"
UPDATE: LAYWER SAYS DOCTOR MAY APPEAL INTERNET LIBEL RULING
11/20/06 6:55 PST
SAN FRANCISCO (BCN)
A lawyer for a Canadian doctor said today his client is considering a U.S.
Supreme Court appeal of a California high court ruling barring his libel
lawsuit against an activist who posted another person's comment on the
Internet.
Christopher Grell, an Oakland attorney representing physician Terry Polevoy,
said no decision has been made on whether to seek U.S. Supreme Court review,
but said, "We're looking at that right now.
"We're weighing the pros and cons," said Grell, who had argued that Polevoy
had a right to sue to protect his good name.
But Mark Goldowitz, a lawyer for Ilena Rosenthal, the woman sued by Polevoy,
said of the California Supreme Court ruling, "It's a very good opinion
because it protects free speech on the Internet."
The state high court said people who use the Internet to post information
originating from another source can't be sued for defamation in the posting.
The panel said unanimously that the federal Communications Decency Act of
1996 protects Internet users as well as service providers from being held
liable for information republished from another source.
The ruling dismisses a defamation lawsuit in Alameda County Superior Court
filed by Polevoy and another doctor from Pennsylvania against Ilena
Rosenthal, a breast implant awareness activist.
Lower courts dismissed claims against the other doctor, but a state appeals
court said Polevoy could proceed with a claim that Rosenthal defamed him by
posting a comment in which a third person accused him of stalking a Canadian
radio producer. Rosenthal posted the comment on two newsgroup Web sites.
Today's ruling overturns the appeals court.
The federal law says, "No provider or user of an interactive computer
service shall be treated as the publisher or speaker of any information
provided by another information content provider."
Justice Carol Corrigan wrote in the state Supreme Court decision, "Congress
has comprehensively immunized republication by individual Internet users."
Corrigan said the law "serves to protect online freedom of expression and to
encourage self-regulation, as Congress intended."
The court said that "recognizing broad immunity for defamatory
republications on the Internet has some troubling consequence," but said it
would be up to Congress to make any changes.
Goldowitz said other courts in the nation have ruled that the federal law
protects Internet service providers such as Yahoo, Google and America
Online, but today's decision is the first time a state high court has said
the law protects individual Internet users as well.
The American Civil Liberties Union, which filed a friend-of-the-court brief
in the case, said, "Today's ruling affirms that blogs, websites, listserves
and Internet service providers like Yahoo as well as individuals" are
protected by the federal law.
Kurt Opsahl, a lawyer for the Electronic Frontier Foundation, which joined
in the friends-of-the-court brief, said the ruling "reaffirms protections
for free speech."
"It brings California back in line with all the other jurisdictions that
have ruled on the law," Opsahl said.
The federal communications law says, "No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any
information provided by another information content provider."
In contrast to the protections given to Internet providers and users,
newspaper and book publishers can be sued for defamatory statements
appearing in their print publications.
--
"Google maintains the USENET." -- The Honorable R. Barclay Surrick, Eastern
District of PA Judge
From Parker v. Google, E.D.Pa. #04-cv-3918
"appointment of counsel was unwarranted given Parker's abilities as a writer
and presenter of arguments"
From Page 6 of the ruling in Parker v. University of Pennsylvania, #04-3688,
Third Circuit Court Of Appeals.
HeeroYuy
RELEVANT to both the subject and/or your FAILURE of a legal case?
"Ray Gordon, creator of the "pivot"" <R...@cybersheet.com> wrote in message
news:SKidnSqoaMpb4f_Y...@pghconnect.com...
>I suspect they're going to take this one.
<copyright infringement snipped>
followthewatch55
Ray Gordon, professional usenet poster wrote:
> I suspect they're going to take this one.
Wow, all this just to try to hide your own pathetic Usenet posts.
-followthewatch
followthewatch55
for example), and it'll never change.
-followthewatch
Dane
"Ray Gordon, creator of the "pivot"" <R...@cybersheet.com> wrote in message
news:SKidnSqoaMpb4f_Y...@pghconnect.com...
Oh? Did your investigation determine that Barret is the proud captain of his
own private yacht? Nice sleuthing!
http://www.newshare.com/west/supreme_court.html
The best justice money can buy!
----== Posted via Newsfeeds.Com - Unlimited-Unrestricted-Secure Usenet News==----
http://www.newsfeeds.com The #1 Newsgroup Service in the World! 120,000+ Newsgroups
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Odious
"Ray Gordon, creator of the "pivot"" <R...@cybersheet.com> wrote in message
news:SKidnSqoaMpb4f_Y...@pghconnect.com...
Just as you suspected they'd win in the California Supreme Court.
It's it funny how your claims have gone from you having an open and shut
case against all those people who have said things you don't like... that
you'd be able to sue them all and the win would be a slam dunk, to now when
you have lost 11 times and are so pathetically trying to hang your hat on
other people's cases, in the hopes that those cases will change the laws.
What happened gordo? Why do you need the laws changed at all, if as you
claim, you have a clear cut open and shut case against all the people you've
been threatening to sue for the last 10 years?
Bornnatural
"Odious" <Odi...@cox.net.nospam> wrote in message
news:mvF8h.40853$LG7....@newsfe17.lga...
The doctor that started this suit is just another usenet cry-baby. Mommy
mommy, he said this about me.....people need to grow the fuck up.....what
has happened to men in this country?
BN
Ilena Rose
Wanted to clarify the subject of this thread.
Barrett lost all appeals to me ...
Terry Polevoy, who may appeal to the Supreme Court of the US ... was
caught donning the disguise of a woman to harass me and others in this
SLAPP suit.
www.BreastImplantAwareness.org/Polevoy.htm
Grell ... who also sued me although I had never even mentioned his
name and he was virtually chastized in open court for doing so, is
part of a team of Rag-tag Posse Members who regularly smear their
critics on the internet ... often hiding behind aliases such as "Vera
Teasadale" or "Marla Maples."
Krus T. Olfard
news:mvF8h.40853$LG7....@newsfe17.lga:
because he's a loon?
because he's a newsloon?
because he's a legal loon?
--
Krustavus Teofilus Olfard
------------------
Everything I post is my opinion. If you don't like my opinions then
killfile me, if you have the balls.
HeeroYuy
"followthewatch55" <followth...@yahoo.com> wrote in message
news:1164085735.5...@h54g2000cwb.googlegroups.com...
> Half the stuff he posts isn't relevant to anything anyway (take Ashlee
> for example), and it'll never change.
>
> -followthewatch
details, details :p